Panchayat:Repo18/Law Manual Page0323
Jump to navigation Jump to search
- Health Act, Panchayat itself has got statutory duties and obligations under the Act. Panchayat itself could independently consider as to whether by setting up a metal crusher unit within its area, it would affect the people of the locality. In other words, Panchayat has got such powers and duties to enable them to function as institutions of self-government. – Manjapra Grama Panchayat v. State - 1996 (2) KLT 719.
- S.234 - Schedule, Items 84, 87 & 101 – Running of quarry - Only licence under item 101 is necessary – Separate licence under item 84 is not necessary - The appellants have taken out a licence under item No.101, the purpose being rock stone cutting or storing. Licence is required because rock stone cutting is likely to cause offence or danger to human life or health or property. Cutting rock stone may involve breaking, sizing, crushing etc. and in that process of manufacture it is that smell, fumes, dust or noise which are offensive or dangerous to human life are likely to occur. Therefore, item No. 101 overlaps the requirement of item 84 which generally is in the nature of manufacturing articles. - Concrete Aggregate Industries v. Kummanode Poura Samithi – 1995 (2) KLT 720 : IR 1996 (1) Ker. 2061.
- S.234 - Schedule Item 101 – Licence granted for Rock Stone - Cutting and Storing - Separate licence under item 84 - (Manufacturing articles form which offensive or unwholesome smell, fumes dust or noise arises) is not necessary - Cutting rock stone may involve breaking, sizing, crushing etc., and in that process of manufacture it is likely that smell, fumes, dust or noise which are offensive or dangerous to human life are likely to occur. Therefore, item No. 101 overlaps the requirement of item 84 which generally is in the nature of manufacturing articles. – Concrete Aggregate Industries & Anr. v. Abdul Khader & Others – 1995 (2) KLJ 589.
- 87[234A. Vesting of the existing water supply and sewerage services under the water authority with the Panchayat.- (1) Notwithstanding anything contained in the Kerala Water Supply and Sewerage Act, 1986 (14 of 1986) or in any other law from such date, the Government may by notification in the gazette appoint, in respect of the Water Authority before such date and intended for the benefit of the Panchayat at any level and situated within its area, -
- (a) All plants, machinery, water works, pumping station and all buildings and land thereto and all works, implements, stores, goods implementation of works, management of water supply, distribution, levy and collection of water charge in connection therewith and is situated upon any public street, or through it or over or under it, as the case may be, within the area of the Panchayat at any level including all assets and other facilities shall vest in the Panchayat specified in the notification and shall stand transferred to that Panchayat; and
- (b) the collection of arrears of sewage charge, water charge and meter charge and arrears of any expense or fees in connection with water supply and sewerage, and all rights, liabilities and obligations of the water authority even if arisen from any contract or otherwise related to the said authority shall be the rights, liabilities and obligations, as the case may be, of the Panchayat specified in the notification.
- (2) The assets, rights, liabilities and obligations in sub-section (1) shall be valued in the manner specified by the Government and shall be furnished to the Water Authority by the Panchayat concerned.
- (3) If any doubt or dispute arises as to the vesting of any property or asset in the Panchayat or any right, liability or obligation has become that of the Panchayat such doubt or dispute shall be referred to the Government and the decision of the Government thereon shall be final and the water authority and the Panchayat concerned shall be bound to implement the decision.